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Article
Non-faith-based arguments against
physician-assisted suicide and euthanasia
Lay Summary: Presented here are four non-religious, reasonable arguments against physician-
assisted suicide and euthanasia: (1) “it offends me,” suicide devalues human life; (2) slippery
slope, the limits on euthanasia gradually erode; (3) “pain can be alleviated,” palliative care and
modern therapeutics more and more adequately manage pain; (4) physician integrity and patient
trust, participating in suicide violates the integrity of the physician and undermines the trust
patients place in physicians to heal and not to harm.
reflections would follow. As it happened, secular society dismiss out of hand because
around the same time that the Bloodworth of this misperception. These critics often
publication was being prepared, a debate forget the use of natural law reasoning by
was held by Intelligence Squared U.S. the founding fathers of the United States.
(Intelligence Squared 2014a) on legalizing The Vanderbilt debate, for instance, refer-
physician-assisted suicide featuring Pro- enced the Declaration of Independence,
fessors Peter Singer and Andrew Solomon which is a quintessentially natural law-based
“for” and Doctors Daniel Sulmasy and set of governing principles. Lastly, the refer-
Ilora Finlay “against” the legalization of ences in that debate to C.S. Lewis from The
PAS.1 Herein we build upon Doctor Sul- Abolition of Man were placed strategically
masy’s opening and closing arguments and without necessary dependence on
from that debate, supplemented by other Lewis’s explicit arguments for theism as the
non-faith-based arguments and thoughts ground of the natural law, and hence moral-
intended to further this conversation, ity. Lewis’s approach leaves natural law
focusing on objections to legalizing these vulnerable to the charge of theism by those
practices. In this manuscript, we will thus who do not accept an ultimate or transcen-
review the Bloodworth article, present the dent justice or goodness as the rule and
Intelligence Squared opening and closing measure of human actions. Lewis’s position
statements “against PAS” and then regarding the theistic basis of natural law is
expound upon four key arguments against not, however, widely accepted by natural
PAS: (1) “it offends me”; (2) slippery slope; law scholars, the authors of this paper, or
(3) “pain can be alleviated”; (4) physician the Catholic Church.
integrity and patient trust. The Bloodworth article was, as billed, a
Before getting into Doctor Sulmasy’s mere starting point. Doctors Sulmasy and
debate points, it is worthwhile to recount Finlay developed a sophisticated, philoso-
some points raised in the Bloodworth article phical “devil’s advocate” approach that was
(Bloodworth et al. 2015). While the debate ultimately successful. They discerned
points presented at Vanderbilt were well- optimal premises for making the case
received, common criticisms to some of the against physician-assisted suicide and
assertions made in that piece are worth con- euthanasia to avowed non-theistic prac-
sideration. For example, one of the main titioners of medicine. It is thus our
bases for Doctor Ely’s argument against privilege to publish here Doctor Sulmasy’s
physician-assisted suicide and euthanasia points to continue building the case
involved an appeal to natural law.2 Such towards truth in respecting human life
appeal to natural law does not presuppose nearing its end in the context of the prac-
belief in God. The knowledge of natural law tice of the vocation of medicine. In the
is discernible by reason and so it is not fun- tradition of St. Thomas, we take four
damentally theistic. While it is true that the strong arguments for PAS that arose
Catholic Church in particular has made during the debate (patient autonomy, no
prominent use of natural law in formulating slippery slope, unalleviated pain, phys-
its ethical positions, natural law is not essen- ician’s duty) and argue against them. We
tially rooted in any faith tradition (see, for base our arguments in reason, with the
example, Anderson 2005; Finnis 2001; conviction that the truth in a principle can
Goyette, Latkovic, and Myers 2004; McI- be discerned and its implications drawn
nerny 1993; Veatch 1971). Nonetheless, out to a logical conclusion, and an error
appeal to natural law is commonly mistaken can be shown to have a contradiction at its
as an appeal to theism, which many in a heart.
248 The Linacre Quarterly 83 (3) 2016
DOCTOR SULMASY’S OPENING They all follow logically from arguing for
STATEMENT3 assisted suicide on the basis of maximizing
personal interests. So if you do not believe
I am a physician. Part of my job is to help in euthanasia for severely disabled children
people die in comfort and with dignity. or the demented, you might want to
But I do not want to help you, or your re-think your support for assisted suicide.
daughter, or your uncle commit suicide. At least if you want to be consistent.
You should not want me to. I urge you to People often argue that they need
oppose physician-assisted suicide: it rep- assisted suicide to preserve their dignity,
resents bad ethical reasoning, bad but that word has at least two senses. Pro-
medicine, and bad policy. I am going to ponents use the word in an attributed
concentrate on the first of these lines of sense to denote the value others confer on
argument. Ilora will take up the latter two. them or the value they confer on them-
We strongly support the right of selves. But there is a deeper, intrinsic sense
patients to refuse treatments and believe of dignity.
physicians have a duty to treat pain and Human dignity ultimately rests not on a
other symptoms, even at the risk of has- person’s interests, but on the value of the
tening death. But empowering physicians person whose interests they are; and the
to assist patients with suicide is quite value of the person is infinite. I do not need
another matter—striking at the heart not to ask you what your preferences are to
just of medical ethics, but at the core of know that you have incalculable worth,
ethics itself. That is because the very idea of simply because you are human. Martin
interpersonal ethics depends upon our Luther King said that he learned this from
mutual recognition of each other’s equal his grandmother who told him, “Martin,
independent worth, the value we have don’t let anybody ever tell you you’re not a
simply because we are human. Some would Somebody” (Baker-Fletcher 1993, 23). This
have you believe that morality depends some-bodiness, this intrinsic worth or
upon equal interests (usually defined by our dignity, was at the heart of the civil rights
preferences) and advance utilitarian argu- movement.
ments based on that assumption.4 It does not matter what a person looks
But which is morally more important, people like, how productive the person might be,
or their interests? As Aristotle observed, small how others view that person, or even how
errors at the beginning of an argument lead that person may have come to view
to large errors at the end.5 If interests take herself. What matters is that everybody,
precedence over people, then assisting the black or white, healthy or sick, is a some-
suicide of a patient who has lost interest in body. Assisted suicide and euthanasia
living certainly is morally praiseworthy. But require us to accept that it is morally
it also follows that active euthanasia ought to permissible to act with the specific
be permitted. It also follows that the severely intention-in-acting of making a somebody
demented can be euthanized once they no into a nobody, i.e., to make them dead.
longer have interests. They can also freely be Intentions, not just outcomes, matter
experimented upon as excellent human in ethics. Intending that a somebody be
“models” for research. It also follows that turned into a nobody violates the funda-
infanticide ought to be permitted for infants mental basis of all of interpersonal ethics—
with congenital illness. the intrinsic dignity of the human.
Many would see these conclusions as Our society worships independence,
frightful, but this is not just a slippery slope. youth, and beauty. Yet we know that
Sulmasy et al. – Non-faith-based arguments against physician-assisted suicide and euthanasia 249
DEBATE RESULT AND SOME OF THE resentful displeasure to a person. This pre-
ARGUMENTS supposes that the one offended recognizes
the attack, violation, or resentment, and so
Doctors Sulmasy and Finlay won the the argument vis-à-vis assisted suicide is
debate according to its rules, by persuad- that when one willfully kills oneself, or
ing the most members of the live audience requests to be killed, every other human
to change their minds. While the live being should rightfully be offended.
audience in New York City began the Why? Because subsumed in the action of
debate with 65 percent in favor of legaliz- one killing oneself (or requesting to be
ing assisted suicide, only 10 percent killed) is the implied announcement that
opposed, and 25 percent undecided, after one’s life (human life) is somehow not as
the debate, 67 percent were in favor but valuable as it otherwise would be if one
22 percent were opposed to legalization. were not in a position to seek one’s death
The unofficial online polling changed (For to value life contradicts the act of
from 5 percent opposed to legalization killing, and if one values life, one does
before the debate to 51 percent opposed as not commit suicide or ask to be killed.).
of March 21, 2016. (See the Results tab at To assert that one values human life, and
Intelligence Squared 2014a) at the same time to commit suicide is
In the rest of this article we highlight contradictory and illogical. So, to kill
and expound upon some of the arguments oneself (willfully, i.e., to distinguish this
against physician-assisted suicide gleaned form of suicide from suicide in associ-
from the debate and from the audience ation with mental illness or other clinical
comments and questions following it: (1) pathology) necessarily devalues human
“It offends me”; (2) the slippery slope; (3) life. And, because we are all human
“pain can be alleviated”; and (4) physician beings, therefore, every human being is
integrity and patient trust. We take care (or should be) resentful of his or her life
not to frame them within a faith-based being devalued.
context. While we believe that faith-based Now some may grant that killing
arguments are strong, our intention in oneself is an expression of devaluing life,
arguing from reason is that all too many but only that individual person’s life, and
people are quickly dismissive of faith- no one else’s, arguing therefore, that
based arguments. Our aim is to advance there is no basis for one’s willful suicide
the conversation from this perspective. As (or its request) to be offensive to anyone
noted earlier, the hope is to have new and else. The fundamental problem, however,
other iterations of the pro-life arguments with this reasoning is that human beings
readily available to reach as broad a swath are relational (natural law). It is part of
of people as possible, believers and non- the essence of being human to exist in a
believers alike. relationship to another. According to
Thomas Aquinas, the third precept of the
natural law is “an inclination to good,
“IT OFFENDS ME” ARGUMENT according to the nature of his reason …
thus man has a natural inclination … to
Certainly everyone should strive not to be live in society” (Aquinas 1948, I–II,
offensive to others, but whether one is q. 94, a. 2). And Aristotle viewed a par-
offended or not, partly depends upon the ticular relationship, that of friendship, to
person potentially offended. To offend be a virtue and “most indispensable for
someone is to attack, violate, or cause life” (Aristotle 1962/1980, bk. 8, ch. 1).
Sulmasy et al. – Non-faith-based arguments against physician-assisted suicide and euthanasia 251
Indeed the very origin of an individual 2014; Patients Rights Council 2013a; Van
necessitates the relationship of two other Der Maas et al. 1991). In 2001 euthanasia
human beings—a mother and a father— was made legal. And in 2004 it was
and a human being exists in relationships decided that children also could be eutha-
with others by his or her very nature. nized. According to Wesley Smith, in a
Human beings then are always, and Weekly Standard article in 2004, “In the
essentially a part of a community of Netherlands, Groningen University Hospital
persons, and as such because of this con- has decided its doctors will euthanize chil-
nection with others (as part of humanity), dren under the age of 12, if doctors believe
when another person kills him- or herself their suffering is intolerable or if they have
or allows him- or herself to be killed, life an incurable illness.” The hospital then
for every other human being is cheapened developed the Groningen Protocol to decide
(devalued). Such an action says to some who should die. Smith comments,
degree, that life is not worth it; and
although the effect on others may be see-
It took the Dutch almost 30 years for
mingly miniscule, the more it happens their medical practices to fall to the point
the greater the effect on others (like com- that Dutch doctors are able to engage in
pounding interest on money). Moral the kind of euthanasia activities that got
actions very much and very often have some German doctors hanged after
consequences for others, even when there Nuremberg. For those who object to this
appears to be no connection.7 assertion by claiming that German
doctors killed disabled babies during
World War II without consent of
THE SLIPPERY SLOPE ARGUMENT parents, so too do many Dutch doctors:
Approximately 21% of the infant eutha-
nasia deaths occurred without request or
One of the issues brought up in the debate
consent of parents. (Smith 2004)
over physician-assisted suicide is the slippery
slope argument: If physician-assisted suicide
is made legal, then other things will follow, Euthanasia in the Netherlands went from
with the final end being the legalizing of illegal but not prosecuted, to legal, to includ-
euthanasia for anyone for any reason or no ing children. And it is not stopping there
reason. The experience of other countries (Schadenberg 2013). Now, in 2011, Radio
shows that this is not theoretical. The Netherlands reported that “the Dutch
Netherlands is an example of the slippery Physicians Association (KNMG) says
slope on which legalizing physician-assisted unbearable and lasting suffering should
suicide puts us. In the 1980s the Dutch not be the only criteria physicians consider
government stopped prosecuting physicians when a patient requests euthanasia.” The
who committed voluntary euthanasia on association published a new set of guide-
their patients (Jackson 2013, 931–932; Patel lines, “which says a combination of social
and Rushefsky 2015, 32–33). By the 1990s factors and diseases and ailments that are
over 50 percent of acts of euthanasia were not terminal may also qualify as unbear-
no longer voluntary. This is according to able and lasting suffering under the
the 1991 Remmelink Report, a study on Euthanasia Act.” These social factors
euthanasia requested by the Dutch govern- include “decline in other areas of life such
ment and conducted by the Dutch as financial resources, social network, and
Committee to Study the Medical Practice social skills” (RNW 2011). So a person
Concerning Euthanasia (Euthanasia.com with non-life threatening health problems
252 The Linacre Quarterly 83 (3) 2016
but who is poor or lonely can request to an incurable illness. Cure may be futile
be euthanized. but care is never futile (Pellegrino 2001).
In another example of the slippery slope With appropriate utilization of palliative
to which physician-assisted suicide leads, care, far fewer patients would be driven by
in 2002 Belgium “legaliz[ed] euthanasia fear to request that physicians actively end
for competent adults and emancipated their lives via PAS/E.
minors.” In February of 2014, Belgium Proponents of assisted suicide and
took the next step: euthanasia posit the scenario of uncontrol-
lable pain as a straw man for advancing
Belgium legalized euthanasia by lethal
injection for children…. Young children their cause. Such proponents apparently
will be allowed to end their lives with the view death as the ultimate analgesic. In
help of a doctor in the world’s most fact, in medical practice today, pain relief
radical extension of a euthanasia law. is almost always possible given modern
Under the law there is no age limit to therapeutics in analgesia and the medical
minors who can seek a lethal injection. specialty of pain management. Since pain
Parents must agree with the decision, can be alleviated, there is no basis to assert
however, there are serious questions about a need for PAS because of intractable
how much pressure will be placed on pain. This may explain in part why many
parents and/or their children. (Patients requests for PAS are no longer related to
Rights Council 2013b)
or initiated because of intolerable pain, but
Some say that the US state laws concern- because of fear of such intolerable pain.
ing physician-assisted suicide are very Further, closely related to a patient’s fear
restrictive and so there is no chance of of intolerable pain, and sometimes associ-
erosion such as has happened in the ated with a patient’s fear of being
Netherlands or Belgium (Intelligence abandoned (Coyle 2004), is a patient’s
Squared 2014b, 34). Yet, if there is no request for PAS because of not wanting to
moral or philosophical basis for PAS laws burden others. This too poses a curious
in the common good, then there is no contradiction, for on the one hand there is
telling how far changes to PAS laws will not wanting to be a burden on a loved
go in the future, and no stopping the one, and on the other hand a fear of being
changes. alone and abandoned. Such a contradic-
tion, once considered and coupled with
the fact that pain can be addressed suc-
“PAIN CAN BE ALLEVIATED” ARGUMENT cessfully through optimal palliative care
implementation, enhances the power of
In medicine, we talk much these days this argument against PAS/E.
about a “good death,” not necessarily one The Oregon law was enacted on the
that is completely free of suffering, but a basis of intolerable pain — no one should
dying process in which we are attendant to be forced to endure pain that is uncontrol-
pain and symptom management, optimize lable and unendurable. Most of us can
clear decision making, and affirm the sympathize with that, but the law is not
whole person in as dignified a manner as restricted to pain, and it is not pain
possible. Importantly, this can often be that is the top reason people choose
effectively accomplished through incorpor- physician-assisted suicide in Oregon. The
ation of palliative care services. Palliative state’s “Death with Dignity Act Annual
care is a healing act adjusted to the good Report” for 2014 shows that the top
possible even in the face of the realities of reason is “losing autonomy” (Oregon
Sulmasy et al. – Non-faith-based arguments against physician-assisted suicide and euthanasia 253
Public Health Division 2015, 5). Concern Both euthanasia and physician-assisted
about pain was not even the second or suicide would undermine the medical
third reason: “Less able to engage in profession by eroding the trust of patients
activities making life enjoyable” and “Loss in their physicians as caregivers. If
of dignity.” It was ranked sixth out of doctors were permitted to engage in prac-
tices that harm their patients, then
seven, above only financial concerns, and
patients would never know if their
included not only “inadequate pain doctors were truly acting in their best
control,” but also “concern about it.” interests. (Austriaco 2011, 148)
These patients were not necessarily in
uncontrollable pain themselves, however Will your doctor kill you if he or she
they were concerned about it (as are we thinks you are too ill or in too much pain
all). But even that concern did not rank or unconscious? The Oath of Hippocrates
high on their list of reasons that they has guided physicians for twenty-four
wanted to commit suicide. Even if the line hundred years. The Oath states,
drawn is unbearable pain, how can that be
I will apply dietetic measures for the
restricted to only physical pain? Who can benefit of the sick according to my ability
judge that mental anguish is not unbear- and judgment; I will keep them from
able pain? Or that economic distress (or harm and injustice…
anything else that causes anguish) is not
unbearable pain? I will neither give a deadly drug to
anybody who asked for it, nor will I make
a suggestion to this effect. Similarly I will
not give to a woman an abortive remedy.
PHYSICIAN INTEGRITY AND PATIENT (Tyson 2001)
TRUST ARGUMENT
Even with all the advances in medicine
When a patient asks a physician to assist in over the last one to two hundred years, the
killing him- or herself, not only is there dis- public perception is still that the Hippo-
respect shown to the physician’s integrity, cratic Oath is an important indicator that
but a contradiction is created. Asking a the patient in his or her vulnerability can
physician to participate in PAS undermines put trust in the physician (Lederer 1999,
the principled ethic and integrity of the 102). Euthanasia by health-care pro-
physician whose noble profession is defined fessionals undermines that trust.
as one of compassionate service of the Lack of trust is not just something that
patient who is vulnerable, wounded, sick, may or may not happen if euthanasia is
alone, alienated, afraid; and undermines the legalized. It is happening in countries that
integrity or wholesomeness of the patient, have legalized euthanasia. Austriaco points
who him- or herself is in desperate need of out that “many Dutch patients, before
trying to achieve. To ask and expect a phys- they will check themselves into hospitals,
ician to participate in the destructive act of insist on writing contracts assuring that
suicide violates both personal and pro- they will not be killed without their expli-
fessional integrity of the physician, and cit consent” (Austriaco 2011, 148). As
leaves both the patient and the physician at stated earlier, in the 1980s the Dutch gov-
risk for moral confusion about what is good, ernment stopped prosecuting physicians
true, and beautiful about the human person. who committed voluntary euthanasia on
The threat of euthanasia posed by lega- their patients. By the 1990s over 50
lizing PAS also undermines trust between percent of acts of euthanasia were no
physician and patient. longer voluntary. This has had a
254 The Linacre Quarterly 83 (3) 2016
“It offends me” Life has infinite value, and PAS devalues life
Devaluation of life is offensive
Human beings are relational and share in value of life
PAS is an offense to all human beings
Slippery slope PAS in limited circumstances has led to PAS performed with markedly reduced
limits (e.g., children, disabled people)
“Pain can be alleviated” Embracing excellent palliative care is the correct answer
Physician integrity and PAS undermines the integrity of both physician and patient as it is a contradiction
patient trust to the patient’s seeking to be well; and a violation of the principled duty of the
physician to help the patient to become well
Undermined physician integrity is leading to loss of patient trust in physicians
Sulmasy et al. – Non-faith-based arguments against physician-assisted suicide and euthanasia 255